US v. Charlie Farmer


UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied. Originating case number: 5:09-cr-00297-BO-1,5:16-cv-00602-BO. Copies to all parties and the district court. [1000018434]. Mailed to: Charlie Farmer. [16-7240]

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Appeal: 16-7240 Doc: 6 Filed: 02/07/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7240 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. CHARLIE ELBERT FARMER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:09-cr-00297-BO-1; 5:16-cv-00602-BO) Submitted: January 17, 2017 Decided: February 7, 2017 Before GREGORY, Chief Judge, and WILKINSON and NIEMEYER, Circuit Judges. Dismissed by unpublished per curiam opinion. Charlie Elbert Farmer, Appellant Pro Se. Evan Rikhye, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7240 Doc: 6 Filed: 02/07/2017 Pg: 2 of 3 PER CURIAM: Charlie Elbert Farmer seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate (2012). of appealability. 28 U.S.C. § 2253(c)(1)(B) A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find U.S. that the claims constitutional 529 by is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Farmer has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We legal Appeal: 16-7240 Doc: 6 contentions Filed: 02/07/2017 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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